Does signing up for Disney’s popular streaming service mean agreeing to never sue the entertainment giant for anything, forever?
That’s what Disney claims in a wrongful death lawsuit involving a 42-year-old New York doctor whose relative claims he had a fatal allergic reaction after dining at an Irish pub in Disney Springs in October.
Disney is asking a Florida court to dismiss a lawsuit filed against it by Jeffrey Piccolo, the husband of Kanokporn Tangsuan, a family medicine specialist at NYU Langone’s Carle Place office on Long Island.
The company claims that Piccolo had agreed to settle any lawsuit against Disney out of court through an arbitration proceeding when he signed up for a month-long lawsuit against Disney in 2019 and claimed that he had reviewed the fine print.
“The terms of use, provided with the subscription agreement, come with a binding arbitration clause,” the company wrote in its motion. “The first page of the subscription agreement states, in capital letters, that ‘any dispute between you and us, for small claims, is subject to a waiver of court action and shall be resolved by binding individual arbitration. ‘”
Disney also notes in its reaction that Piccolo agreed to a similar arbitration provision when he created an account on the Disney app before the unfortunate visit to the theme park.
But Piccolo’s lawyer, in a response filed earlier this month, argued that it was “absurd” that Disney’s more than 150 million subscribers had waived any right to sue the company and its subsidiaries in perpetuity, even if Your case has nothing to do with it. with the popular streaming service.
“The concept that terms agreed to through a customer when creating a Disney free trial account would forever exclude that customer’s right to a jury trial in the event of a dispute with a Disney subsidiary or associate is so shockingly unreasonable and unfair as to shock the court and this court deserves not to enforce such an agreement,” Brian Denney, Piccolo’s attorney, wrote in the Aug. 2 filing.
Disney, in its May 31 filing, argued that whether Piccolo reviewed the terms of service was “irrelevant. “It also noted that the arbitration provision “covers ‘all disputes,’ adding ‘disputes involving The Walt Disney Company or its affiliates. ‘”
Arbitration allows others to resolve disputes without going to court and uses an impartial arbitrator who considers arguments and evidence before issuing a binding ruling or award.
Disney said late Wednesday that it was “deeply saddened” by the loss of the family, but under pressure that the Irish pub was not owned or operated through the company. The company’s position in the litigation does not preclude the plaintiff’s claims against the restaurant, he added.
“We are simply protecting ourselves from plaintiff’s attorney’s attempt to join us in his lawsuit against the restaurant,” the company wrote in an emailed statement.
Raglan Road, the Irish pub in Disney Springs where Tangsuan dined, did not respond to an email seeking comment Wednesday. Disney Springs is owned by Disney, which rents part of the resort’s dining, shopping and entertainment area to other companies.
Piccolo’s lawsuit, filed in February, claims that he, his spouse and his mother ate at Raglan Road on Oct. 5, 2023, because Disney’s online page featured “allergen-free food. “
After informing her waiter several times that she had a severe nut and dairy allergy, Tangsuan ordered donuts, scallops, onion rings, and vegan shepherd’s pie.
The waiter then “guaranteed” that the food was allergen-free, though some dishes were not served with “allergen-free flags,” according to the lawsuit.
Approximately forty-five minutes after finishing dinner, Tangsuan had difficulty breathing while shopping, collapsed and ultimately died at the hospital, despite self-administering an EpiPen for the allergic reaction, according to the lawsuit.
A medical examiner’s investigation later concluded that she died as a result of “anaphylaxis due to high levels of dairy and nuts in her system,” according to the lawsuit.
A hearing on Disney’s move is scheduled for Oct. 2 in Orlando County Court. Piccolo has more than $50,000 in his lawsuit.
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